If you plan on getting involved in a Florida probate litigation lawsuit such as a will contest you will have to serve the other side. Service is not as simple as e-mailing the other side’s Florida trust lawyer though. Check out this recent case out of Washington State to learn why that is insufficient service of process.
Service of Process
- Estate lawyers in Florida know that service of process is very important.
- Back before we all could search the internet from our phones, it was difficult to get notice of what was going on in the world.
- So how would you expect someone to learn that a probate litigation attorney had been retained to file a lawsuit against them?
- Florida probate lawyers know that is where service of process comes in.
- Service of process gives notice by having an individual there in person to hand someone documents.
- Surely, that will put them on notice right?
- Florida estate lawyers know that improper service could destroy the entire probate lawsuit if not fixed.
- Probate attorneys Florida avoid this problem by hiring properly trained and often licensed process servers in their probate lawsuit.
- Florida estate attorneys still deal with the occasional claim of improper service but can usually over come it.
- Check out this recent probate appeal from Washington State to learn why hiring experienced counsel and experienced process servers is so important.
Estate of Mooney
- This was an appeal from the probate court in Washington State.
- The petitioner had his will contest dismissed for improper service of process.
- Instead of hiring a process server (which usually costs less than $90) he decided toemail his will contest to the other side’s probate attorney.
- Sounds like it gave notice right?
- Too bad it was not enough notice at least pursuant to the law in Washington State.
- Do not make it into a guessing game, serve someone right the first time.
- Experienced Palm Beach probate litigators would never make this mistake.
Want to learn more about service of process in probate lawsuits?
Check out the entire case of Estate of Mooney by clicking here.
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